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It's come to this: Why I'm suing Sony

100media_imag0065
Monday, March 26, 2012
EDITOR'S NOTEfrom Jason Lomberg

Ed, a lifelong Sony fan, pours his heart out over an especially painful betrayal: misleading PS Vita advertising. He's decided to take the next logical step.

Better Business BureauA few days later, I got a reply. It was from the Better Business Bureau, telling me Sony had replied to my complaint. I felt like Sony was coming in for the hug, and I was tearing up ready to embrace the friend that I slapped in the mouth. After all, he was only stealing that $55 because he was too ashamed to tell me that he was dying of cancer, and he needed exactly $55 to pay for his chemotherapy. I was ready to forgive and forget. Too bad Sony wasn't.

Here is their reply.

"Thank you for contacting Sony Computer Entertainment America, LLC (SCEA). I am writing you in response to your original letter, dated February 25, 2012.

SCEA apologizes if Mr. Grabowski felt mislead into believing that by purchasing a PlayStation®Vita, that he would automatically receive a free month of the AT&T data session and a free downloadable Activision game. Unfortunately, we will not be able to fulfill Mr. Grabowski's request of a free Super Stardust Delta without a purchase of one month of the AT&T data session."

So this is how it's going to be, Sony? A loyal customer, a friend, a man who has spent years singing your praises isn't even worth $10 to you? I researched it and Super Stardust Delta, the free game, is only $10 on the PSN store. To Sony I am worth less than the cost of a movie ticket. They trained me at an early age to love them. They enticed me with their well-produced commercials. They welcomed me with a warm hug and a smile. And when I got upset with them, they dropped me quicker than the PSP Go.

To Sony, I am next to worthless. I told the Better Business Bureau that I was not, in fact, happy with Sony's response, and I again demanded they give me what they told me I would be getting when I purchased the Vita. Their manipulative wording on the box had told me that I would be getting these "bonus" goodies when I activated the free AT&T pass, but nowhere did it say I had to pay them first. It turned out that the "activation" they were talking about was a paid month of 3G from AT&T. If that isn't manipulative advertising, I don't know what is.

After another few days, I got another response from Sony. This one was much shorter.

"SCEA stands behind the original statement."

And that was that. Sony had made it clear that they had no intention of admitting they had manipulated me. Lied to me. Used me. They were willing to lose my business forever over $10. Now, I am a pretty determined guy. And I sure as hell don't like to be manipulated. And because of this, I have decided to take Sony to small claims court. I have not begun this yet, but I will next week.

I often read about manipulative advertising on everything from shampoo to automobiles. Companies often can't help themselves. The wording they use on their products to entice you can just as easily be used to deceive you. How many times have you bought something, brought it home, and found out it wasn't what you thought it was? It's common for us to be fooled every now and then; we can't always be on guard.

However, that doesn't mean we have to sit back and take it.  For once, I want to be able to say that I did something about it. I didn't just toss it up to corporate greed and forget it ever happened. No, this time it's war. This time, it was a friend stealing $55 from my wallet. And I don't care how far his cancer has spread. I want my $55 back. And since when is chemotherapy only $55?

 
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Comments (23)
Default_picture
March 26, 2012

I wish you luck. Please update us when something happens.

Shoe_headshot_-_square
March 26, 2012

Yeah, I'm curious to see where this goes...if anywhere at all.

Default_picture
March 26, 2012

Go for it!

Default_picture
March 26, 2012

Advertising is a tricky, tricky thing. There are more loopholes for companies to get out of complaints than for customers to actually receieve compensation and satisfaction. I have seen these bundles myself and they are moderately misleading, but I often assume anything with AT&T on it will ask me to pay for it  first.

I hope this ends well for you, dude. 

Profile
March 26, 2012

This will be interesting...keep us posted!

Default_picture
March 26, 2012

Too bad the case will get thrown out of court because you most likely agreed to the terms of service on PSN which forces you into arbitration and a mediator, instead of taking it to court.

Default_picture
March 26, 2012

Bit misleading saying you are suing Sony in the title when you haven't actually done so.  Kinda similar to what Sony did to you. :)

Jayhenningsen
March 26, 2012

I'm not trying to give you a hard time here, and the wording is poor on the ad, but it did say that you get the Data Session "with activation," i.e. you have to activate before getting it. One thing I've learned after years of doing business with cell phone carriers is that "with activation" always means you're paying for something.

Default_picture
March 26, 2012

I find it hard to believe that the box did not reference terms and conditions posted online (this is common practice now) that outline the limitations of the offer, or perhaps your retailer had some literature about the offer's terms and conditions.

Also aren't you supposed to be an informed member of the gaming press?  How can you play victim in this case?  Also this offer sounds like it stems more from AT&T than it does from Sony.

"Over $55 Bonus Value. 8GB Memory Card, AT&T Data Session And A Downloadable Game With Activation For A Limited Time Only."

There is a clear requirement to this offer right within the text you have revealed 'with activiation', notice it doesn't say everything you need is right in the box.

Clearly you were looking at the box with wishful eyes, I have seen this same box and I didn't assume that meant I was getting a bunch of stuff for free.

Jayhenningsen
March 26, 2012

Rich,

Perhaps you could point out where Ed identified himself as a member of the gaming press.

Also, feel free to disagree, but please avoid calling people offensive names simply because you don't like reading other people's complaints.

Default_picture
March 26, 2012

Oh look I have a troll. :)  Here is a little snack for you.

Ed is writing on a gaming website.  Community writer or not if you are going to put yourself out there you should probably sound smarter than the people commenting.

I wasn't aware that 'Freetard' was so taboo.  It was good enough for the CEO of Sony to use it, so I added it to my vocabulary since I loved the ring of it, and it clearly sums up the entitlement problem that people in the gaming audience have.

I don't subscribe to any moniker of 'corporations are evil' I subscribe to 'buyer beware' and allow myself to be pleasantly surprised when people and or companies go above and beyond.  So excuse me if I am sick of the constant parade of self imposed victim-hood that seems to occupy most of the gaming 'news' these days.

We have no end of blog writers ready to pontificate on anything they percieve as a wrong-doing, but where are the old school investigative guys?  I think SuperAnnuation and a scant few others are the only guys that really digs up any real game news any more.  Everyone else is just crying about something. 

At the end of the day we all got something to complain about, just a good thing for the gaming audience in general is not all of us have the time to post it on the internet.

Jayhenningsen
March 26, 2012

So your complaints about someone else's complaints are somehow more valid and worthy of reading?

The bottom line is, for all of the things you say are missing from games journalism, you could be a bit more civil. You know, like actually debating the points rather than touting the value that you personally place on the writing of the original author.

Default_picture
March 26, 2012

I am just saying that most of us that are sick of hearing complaints will complain about it silently and not browse these sites any more.

Consider my feedback however you want.  I personally miss the days where I could broswe a gaming website and actually get uninteruptted news.  I don't mind opinion but non-stop complaints are tiresome to read. When I see them adnausem it becomes very difficult to have any empathy and easy just to call these people cry babies.  We are talking about games here.  The value of the writer isn't in question as much as the topic matter is.

This article is about a guy suing Sony over his inability to understand the words on the side of a box.  Also it doesn't even appear that he is Suing Sony, seems you guys just chose that scenario to get more attention with your headline.  Can't you see how publishing this kind of stuff could errode your credibility?

Default_picture
March 26, 2012

... you do realize that nowhere are you promised a free game, right? Just wanted to point that out.

100media_imag0065
March 26, 2012

Yes, I was. Right on the front of the box.

Default_picture
March 26, 2012

Ed. This is a case of consumer misunderstanding.

"AT&T Data Session And A Downloadable Game With Activation For A Limited Time Only."

Read this again and notice what kind of meaning is construed. It is not telling you that you get a free game with the Vita purchase. It's telling you that you would get AT&T's Data Session and a free game "with activation". With activation of AT&T's service. Sorry to say, but that's common sense. It's not Sony's fault that you don't understand what was meant. What was mentioned on the box, it makes sense. The information was misconstrued... by you.

Default_picture
March 27, 2012

No, you weren't. Jeremy just explained it to you, too. Nice try, though.

Default_picture
March 26, 2012

You say they cheated you out of $55. Lets break down the value of all the components that added up to that $55 figure.

8 gig memory card $30 - You should have gotten this in the box.

1 free PSN game $10 - Code sent by email after one month. Cheesy yes. BTW, do you want my code? I already bought SSDD so I have a code I'll never be able to use. Send me an email at "me-bitmob at kazriko.us" and I'll forward it to you.

1 month AT&T service - $15, with $15 purchase of 1 month.

So, you ultimately only lost $25 worth of stuff, and only lost it because you didn't want to cover the first $15 of the cost of AT&T service. 

If I give you my SSDD code, then you ultimately are only missing out on $15 worth of stuff... and you can still get that as a two-for-one deal too. Don't bother getting more than 250mb, I only used 80mb my first month with it.

Default_picture
March 26, 2012

"With activation" Did you not read that on the box?

Default_picture
March 26, 2012

I think the point here is that it's vague about what you need to activate in order to obtain the game. The wording seems to imply that you get the game when you activate your free data session. It doesn't state that you need to purchase one first, then get the free one and the game together. It should read something like "Over $55 Bonus Value. 8GB Memory Card, Plus A Free Month Of AT&T Data And Downloadable Game With Purchase Of One Month AT&T Data Session For A Limited Time Only." This would clearly spell out all the conditions.

Default_picture
March 27, 2012

No one who has ever had a cell phone would ever come to that conclusion. 

 

No one who's even watched a cell phone commercial would come to that conclusion. Those things you got as bonuses were "with activation." Let's take what you wrote and put it back to how it was:

 

"Over $55 Bonus Value. 8GB Memory Card, Plus A Free Month Of AT&T Data And Downloadable Game With Activation."

 

How could you possibly have misunderstood that you get the free stuff with your free month's activation? It plainly states that you get the free month with the activation, so it obviously refers to something else. And that something else shouldn't be unfamiliar to anyone with a cell phone.

N27502567_30338975_4931
March 26, 2012

Why didn't you just return it to the original retailer? That's what you're supposed to do in these situations, not act like an internet martyr because you didn't read the box.

Default_picture
March 27, 2012

If you felt so betrayed and taken advantage of, why didn't you just flip your car right back around and return the vita to wherever you purchased it from? If you're such a Sony fan, then you know Sony usually overpromises and underdelivers.  This should be common sense by now.

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